MISSISSIPPI LEGISLATURE

2005 Regular Session

To: Judiciary, Division B

By: Senator(s) Michel

Senate Bill 2193

AN ACT TO AMEND SECTION 63-1-23, MISSISSIPPI CODE OF 1972, TO ALLOW CANCELLATION OF THE DRIVER'S LICENSE OF A CHILD UNDER THE AGE OF 18 UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTIONS 63-1-25 AND 63-1-27, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 63-1-23, Mississippi Code of 1972, is amended as follows:

     63-1-23.  The application of any person under the age of eighteen (18) years for a temporary driving permit, intermediate license or license issued pursuant to this article shall be signed and verified before a person authorized to administer oaths by both the father and mother of the applicant, if both are living and have custody of him, or in the event neither parent is living then by the person or guardian having such custody or by an employer of him, or in the event there is no guardian or employer then by any other responsible person who is willing to assume the obligation imposed under Section 63-1-25 upon a person signing the application of a minor.

     SECTION 2.  Section 63-1-25, Mississippi Code of 1972, is amended as follows:

     63-1-25.  Except as otherwise provided in Section 63-1-27, any negligence or willful misconduct of a minor under the age of eighteen (18) years when driving a motor vehicle upon a highway shall be imputed to the person who has signed the application of the minor for a permit or license, which person shall be jointly or severally liable with the minor for any damages caused by the negligence or willful misconduct.

     SECTION 3.  Section 63-1-27, Mississippi Code of 1972, is amended as follows:

     63-1-27.  Any person who has signed the application of a minor for a license pursuant to Section 63-1-23 may thereafter file with the commissioner a verified written request that the license of the minor so granted be cancelled.  Thereupon the commissioner shall cancel the license of the minor and the person who signed the application of the minor shall be relieved from the liability imposed under Section 63-1-25 by reason of having signed the application on account of any subsequent negligence or willfulmisconduct of the minor in operating a motor vehicle.

     SECTION 4.  This act shall take effect and be in force from and after July 1, 2005.